Sample Letter to Judge Submitting Default Judgment in Puerto Rico: [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] Honorable [Judge's Name] [Judge's Designation] [Name of Court] [Court's Address] [City, State, Zip Code] Re: Default Judgment Case No: [Case Number] Dear Judge [Judge's Last Name], I am writing to submit the necessary documents and evidence to request a default judgment in the above-mentioned case. I am the plaintiff in this matter and wish to inform the court of the defendant's failure to respond or participate in the proceedings, resulting in their default. 1. Background: The case at hand pertains to [briefly describe the nature of the case]. The defendant, [Defendant's Name], was duly served with the summons and complaint on [Date of Service]. Pursuant to the applicable laws and regulations of Puerto Rico, the defendant had [required time period] to respond and/or defend themselves against the claims brought forth by the plaintiff. However, despite ample time and opportunity to respond, the defendant failed to file an answer or participate in any manner. 2. Notice of Default: On [Date], a notice of default was sent to the defendant by registered mail, providing them with a final opportunity to respond and rectify their failure to participate in the legal proceedings. The notice clearly outlined the consequences of default, including the possibility of a default judgment being entered against them. 3. Certification of Default: Please find attached the Certification of Default issued by the [Name of Clerk or Court Officer], duly authenticated under the seal of the court. This document attests to the defendant's failure to respond within the required timeframe and establishes the grounds for a default judgment. 4. Supporting Documentation: I have enclosed all relevant documentation and evidence that supports my claims against the defendant. These documents include, but are not limited to: — Copy of the Complaint, Summons, and Proof of Service — Affidavit of Service, affirming that the defendant was properly served — Copies of all correspondence related to the case, including the notice of default — Detailed explanation of the damages suffered by the plaintiff — Any other evidence or documentation that supports the claims made in the Complaint 5. Relief Requested: Considering the defendant's failure to respond or defend themselves, I respectfully request the following relief from the court: — Entry of a Default Judgment in favor of the plaintiff — A determination of damages, if applicable, based on the evidence provided — Any other relief deemed just and appropriate under the circumstances 6. Conclusion: I trust that the court will review the enclosed documents and evidence in a fair and impartial manner. I believe that, based on the defendant's default, the evidence presented, and the applicable laws and regulations of Puerto Rico, a default judgment in favor of the plaintiff is warranted in this case. Thank you for your attention to this matter. I trust in the judiciary's commitment to ensuring a fair and efficient legal process. Should you require any further information or documents, please do not hesitate to contact me at the above-mentioned contact information. Yours sincerely, [Your Name]
Puerto Rico Sample Letter to Judge submitting Default Judgment
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Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
A Motion to Vacate is a written request, filed with the Clerk's office, asking the court to undo the order of default and allow you to defend the case. In the motion, you must show the judge a good reason to allow your request and vacate the default. You must tell the judge why you did not file your response in time.
You have longer to file a Motion to Set Aside Default Judgment, but there is no guarantee that the judge will grant you a new hearing. You do not have the right to set aside the default judgment. You may both appeal and move to set aside the default judgment.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
(d)Notice. The plaintiff requesting a default judgment must provide to the clerk in writing the last known mailing address of the defendant at or before the time the judgment is signed.
Do Judgments Expire in Texas? Judgments awarded in Texas to a non-government creditor are generally valid for ten years but they can be renewed for longer. If a judgment is not renewed, it will become dormant.
You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rule of Civil Procedure 329(b). In Justice Court, the deadline is 14 days.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
